ASULJADMIN – Page 31 – Arizona State Law Journal

Dealing with Disaster: Analyzing the Emergency Constitutions of the U.S. States

Nov 14, 2017

Christian Bjørnskov & Stefan Voigt. The study of constitutional emergency provisions remains in its infancy. We present the first overview and analysis of how specific emergency provisions vary across the fifty U.S. state constitutions. The emergency provisions vary considerably across…

Voting vs. Moving: Exit and Voice Mechanisms in the EU Federalism

Nov 14, 2017

Rosamaria Bitetti. European economic crisis has put a strain to the European Union governance model, which has been for a long time characterized by a multi-layered decision-making process, affected more by expert-technocratic knowledge than by democratic participation. This paper analyzes two…

Regulatory Consistency Requirements in International Trade

Sep 02, 2017

Alan O. Sykes. One of the most challenging tasks for international trade agreements is to distinguish protectionist regulation from legitimate regulatory policies. An important set of tools in this regard may be termed “regulatory consistency requirements.” These include the national treatment…

Liberal Internationalism and the Populist Backlash

Sep 02, 2017

Eric A. Posner. A populist backlash around the world has targeted international law and legal institutions. Populists see international law as a device used by global elites to dominate policymaking and benefit themselves at the expense of the common people.…

A (Qualified) Defense of Secret Agreements

Sep 02, 2017

Ashley S. Deeks. This article sets out to describe and defend—with certain qualifications—the use of secret commitments in contemporary practice, with a focus on those to which the United States is a party. Secret commitments should not always be viewed…

The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections

Sep 02, 2017

Daniel Bodansky. Since the emergence of the international climate change regime in the early 1990s, frustration with the slow pace of the negotiations has bubbled over from time to time in proposals to address climate change through international adjudication.1 I…

Prizeless Wars, Invisible Victories: The Modern Goals of Armed Conflict

Sep 02, 2017

Gabriella Blum. By restricting the permissible justifications for war and excluding all tangible benefits from the permissible goals of war, replacing both with an amorphous, however seemingly narrow interest in “defense,” those clear yardsticks have been lost. As a result,…

Free to Do No Harm: Conscience Protections for Healthcare Professionals

Jul 29, 2017

Kevin H. Theriot & Ken Connelly. The right to conscience of medical practitioners and related healthcare professionals has come under increasing attack in recent years. Examples abound of individuals and institutions being compelled to act against their will and their beliefs.…

No One Knew What to Expect: Breaking the Phoenix Gender Barrier in 1969

Jul 29, 2017

The Honorable Mary M. Schroeder. 1968 was not a good year for the world, for the United States, or for my husband, Milt, and me. The Vietnam War and public reactions to it were going so badly that in March,…

Safeguarding the Right to Try

Jul 29, 2017

Christina Sandefur. When Jenn McNary’s son Austin was three and her son Max was just a newborn, both boys were diagnosed with Duchenne’s Muscular Dystrophy— an incurable, fatal, degenerative muscle disorder. By the time Jenn learned of a promising treatment…

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